February 2, 2023

Four Fair Use Takeaways from Cambridge University Press v. Patton

The most important copyright and educational fair use case in recent memory (mine, at least) was decided by the Eleventh Circuit Court of Appeals last week. The case, Cambridge University Press v. Patton, challenged Georgia State University’s use of e-reserves in courses offered by the university. The copyrighted works at issue were scholarly books–i.e., a […]

The End of a Brief Era: Recent Appellate Decisions in "Copyright Troll" Litigation

The onslaught of “copyright troll” litigation began only a few years ago, with lawsuits implicating hundreds or even thousands of “John Doe” defendants, who were identified by IP addresses with timestamps corresponding to alleged uses of BitTorrent services to share and download video content without authorization. Recently, federal appellate opinions confirmed growing consensus in district […]

Criminal Copyright Sanctions as a U.S. Export

The copyright industries’ mantra that “digital is different” has driven an aggressive, global expansion in criminal sanctions for copyright infringement over the last two decades. Historically speaking, criminal penalties for copyright infringement under U.S. law date from the turn of the 20th century, which means that for over a hundred years (from 1790 to 1897), […]

A Good Day at the Googleplex

            Judge Chin has issued his decision in the Google Book Search case, and it’s a win for Google. For those of you who have been following the litigation, it’s been a long trip through the arcana of class certification. Today’s decision, however, finally gets to the merits of Google’s fair use defense under the […]

Open-Source 3D Printing and Copyright Reform: It’s Time to Revisit Personal Use Copying

Last week, I attended MSU’s Fifth Annual Conference on Innovation and Communications Law, where I saw a wonderful presentation by Joshua Pearce, an engineering and material sciences professor from Michigan Tech, on “distributed open-source digital manufacturing” (a.k.a. open-source 3D printing). The hardware Joshua presented is called RepRap: RepRap takes the form of a free desktop […]